A 25-year-old Fivemiletown woman has received a one year conditional discharge after she assaulted a woman and came before a recent sitting of Fermanagh Magistrate's Court.
Resident Magistrate Peter Murphy heard how on the 10th December 2005, the injured party Pauline McDonagh was at home with her partner and children and in bed when the defendant Michelle Smith from Spout Walk, and her partner arrived outside.
They were later invited in and drinking continued to 4.00am.
The injured party asked the defendant to leave and a struggle ensued between the two parties with their partners having to separate them.
Smith got a kitchen knife and pursued to stick it in the injured party who had to pull it out while the defendant apologised.
An ambulance was called and the injured party was released from hospital later on. Smith admitted the stabbing but said it was in self-defence defence because she was getting beaten and feared it was her only way out.
Defending, Heather Phillips, BL, instructed by Murphy McManus Solicitors, submitted that the case before the court had been deferred for six months.
The defendant was pregnant and had now had her child. She said the court had the benefit of a probation and psychiatric report. She said Smith was an individual with a very difficult background, one in which she was the victim of domestic violence over a number of years. The case before the court was an issue of self-defence.
There was an altercation and that was accepted by both parties.
There was one single blow and no repeat, and so no indication of intent. She submitted that Smith was prone to panic attacks which may have lead to the overreaction.
She said the case was deferred on a number of conditions including refraining from re-offending, to which Smith had complied.
The probation report, she continued pointed to a number of positives.
Ms Phillips submitted that the baby had now been born and was both happy and healthy and the defendant now had a positive attitude to life taking heed from what she has learned.
Mr Murphy imposed a a one year conditional discharge.